Proposal for a Council Decision concerning the conclusion of the Protocol of Accession of the Principality of Monaco to the Convention on the Protection of the Alps
Date: 1997-06-11
Institutions: European Commission
Subjects: Alpine Region, Monaco, accession to an agreement, environmental protection, international convention

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  11.06.1997 
COM(97) 237  final 

97/ 0147 (CNS) 

Proposal  for  a 

COUNCIL DECISION 

concerning the conclusion of the Protocol of Accession 

of the Principality of Monaco to the 

Convention on the Protection of the Alps 

(presented by the Commission) 

EXPLANATORY MEMORANDUM 

Following  the  Council  Decision  of  26  February  1996,1  the  Community  is  a 

1. 
Contracting Party to the Convention on the Protection of the Alps (Alpine Convention). 

The Alpine Convention  is a framework  convention, the purpose of which  is to  safeguard 
and  protect  the  Alpine  ecosystem  with  a  view  to  guaranteeing  the  sustainable 
development of the Alpine regions. 

As  such,  the  Alpine  Convention  is  supplemented  by  protocols  dealing  with  specific 
subjects.  The  Community  has  already  signed 
three  such  Protocols,  regarding 
Conservation  of  Nature  and  the  Countryside,  Regional  Planning  and  Sustainable 
Development,  and Mountain Agriculture and the Rural Landscape., 

In addition to the Community, Austria, France, Germany, Liechtenstein  and  Slovenia are 
Contracting Parties to the Convention, while Italy and Switzerland are signatory States. 

2. 
The Principality  of Monaco  may  also become  a Contracting  Party  to  the  Alpine 
Convention. A protocol for the accession of Monaco to the Convention on the Protection 
of  the  Alps  was  adopted  and  signed  on  20  December  1994  by  the  States  which  were 
already  Contracting  Parties  to  the  Alpine  Convention  and  by  the  signatories  to  the 
Convention,  including the European  Community.2 

The  Protocol  aims  to  extend  the  geographical  area  to  which  the  Convention 

3. 
applies, making more effective  protection of the Alpine ecosystem possible. 

The  Protocol  for  the  Accession  of  Monaco  makes  consent  to  be  bound  by  the 
4. 
Convention dependent on consent to be bound by the Protocol itself. The Protocol  is not 
yet  in force,  however,  and  can only  become  so when  all the  Contracting  Parties  to  the 
Convention  have ratified  it.  Since the  Community  is a Contracting  Party  to  the  Alpine 
Convention and has also signed the Monaco Protocol, it should conclude the Protocol as 
quickly as possible. 

As this  proposal  is based  on Article  130s(l)  in conjunction  with Article  228(2) and the 
first subparagraph of Article 228(3) of the Treaty establishing the European Community, 
consultation with the European Parliament is mandatory. 

1  OJL 61, 12.3.1996, p. 31. 

2  Council Decision of 16.12.1996, not published. 

o2 

Proposai for a 

COUNCIL DECISION 

of 

concerning the conclusion of the Protocol of Accession 
of the Principality of Monaco to the 
Convention on the Protection of the Alps 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  130s(i) thereof,  in conjunction  with  Article 228(2)  and the first  subparagraph  of 
Article 228(3) thereof, 

Having regard to the proposal from  the Commission,1 

Having regard to the opinion of the European Parliament,2 

Whereas  the  European  Community  is  a  Contracting  Party  to  the  Convention  on  the 
Protection of the Alps;3 

Whereas the protection of the  Alps is of great importance to all Member  States owing to 
the  cross-frontier  nature  of  the  environmental,  economic  and  social  problems  cf  the 
Alpine country; 

Whereas the Community  took  part  in negotiations  concerning the Protocol  of  Accession 
of the Principality of Monaco to the Convention on the Protection of the Alps and signed 
it on 20 December  1994;4 

Whereas consent to be bound by the Alpine Convention also presupposes  consent to be 
bound  by  the Protocol,  which  extends  the  geographical  area to  which  the  Convention 
applies; 

Whereas  the  extension  of  the Alpine  Convention to the Principality  of  Monaco  makes 
more effective protection of the Alps throughout the entire Alpine area possible; 

l 

2 

3  OJL 61, 12.3.1996, p. 31. 

4  Council Decision of 16.12.1996, not published. 

3 

Whereas the Community should therefore  approve the Protocol, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Protocol  of  Accession  of  the  Principality  of  Monaco  to  the  Convention  on  the 
Protection of the Alps is hereby approved on behalf of the European Community. 

The text of the Protocol is attached to this Decision. 

Article 2 

The President of the Council  is hereby authorized to designate the person(s)  empowered 
to deposit, on behalf of the Community,  the instrument of approval with the Republic of 
Austria in accordance with Article  11(2) of the Alpine Convention. 

Done at Brussels, 

For the Council 

The President 

4 

PROTOCOL OF ACCESSION 

OF THE 

PRINCIPALITY OF MONACO 

TO THE CONVENTION ON THE PROTECTION OF THE ALPS 

S" 

The Republic of Austria, 

The French Republic, 

The Federal Republic of Germany, 

The Italian Republic, 

The Principality of Liechtenstein, 

The Republic of Slovenia, 

The Swiss  Confederation, 

The European  Community, 

SIGNATORIES to the Convention on the Protection of the Alps (Alpine Convention) on 
the one hand, 

and 

THE PRINCIPALITY OF MONACO, on the other, 

Whereas the Principality  of Monaco has requested  to become a Contracting Party to the 
Alpine Convention, 

In their desire to ensure the protection of the Alps throughout the entire Alpine area, 

HAVE AGREED AS FOLLOWS : 

ARTICLE 1 

The Principality  of  Monaco  hereby  becomes  a Contracting  Party  to  the  Convention  on 
the Protection of the Alps as amended by this Protocol of Accession. 

ARTICLE 2 

The words "Principality of Monaco" are added to the preamble. 

ARTICLE 3 

The Annex  describing  and  depicting  the Alpine  region to which  the  Alpine  Convention 
applies is amended as follows: 

C 

(a) 

the following  is added to the list of administrative units of the Alpine area: 

the Principality of Monaco; 

the map  in the Annex to the Alpine Convention  is replaced  by  the  map  attached 

(b) 
to this Protocol of Accession. 

ARTICLE 4 

(1) 

Consent to be bound by this Protocol of Accession may be expressed by: 

-  signature  not subject  to ratification,  acceptance or approval.  The  State making use of 
this possibility  shall  notify  the depositary  at the time of its signature that its signature 
is equivalent to consenting to be bound by this Protocol of Accession; 

-  signature  subject  to  ratification,  acceptance  or  approval.  The  instruments  of 

ratification,  acceptance or approval shall be deposited with the depositary. 

This Protocol  of  Accession  shall  enter  into  force  three  months  after  the  date on 

(2) 
which the following  three conditions have been  satisfied: 

- 

the Alpine Convention has entered into force; 

- 

- 

the  Contracting  Parties  to  the  Alpine  Convention  have  expressed  their  consent  to  be 
bound by the present Accession Protocol; 

the Principality  of Monaco has expressed  its consent to be bound  by this Protocol  of 
Accession. 

(3) 
For  signatory  States  which  are  not  yet  Contracting  Parties  to  the  Alpine 
Convention,  consent to be bound  by this Protocol  of Accession  will  take  effect  only on 
the date when the Alpine Convention enters into force in their regard. 

ARTICLE 5 

As from  the date on which this Protocol of Accession  is signed, no State shall be able to 
assert  its  consent  to  be  bound  by  the  Alpine  Convention  without  having  previously  or 
simultaneously  established  its consent to be bound by this Protocol of Accession. 

ARTICLE 6 

This  Protocol  of  Accession  can  only  be  denounced  by  denouncing  the  Alpine 
Convention. 

1-

ARTICLE 7 

The depositary shall notify  each of the Contracting Parties and signatory States of: 

any signature, specifying whether it is subject or not to ratification,  acceptance or 

(a) 
approval: 

(b) 

the deposit of any instrument of ratification,  acceptance or approval; 

(c) 

any date of entry into force, in accordance with Article 4; 

(d) 

any notification  of denunciation and the date on which it becomes effective. 

In  witness  thereof,  the  undersigned,  being  duly  authorized  thereto,  have  signed  this 
Protocol of Accession. 

Done  at Chambéry, on 20 December  1994, in the French,  German, Italian and Slovene 
languages,  each text being  equally  binding;  the  original  text  shall  be  deposited  in the 
Austrian  State  archives.  The  depositary  shall  send  a  certified  copy  to  each  of  the 
signatory States. 

For the Republic of Austria: 

For the French Republic: 

For the Federal Republic of Germany: 

For the Italian Republic: 

For the Principality of Liechtenstein: 

For the Republic of Slovenia: 

For the Swiss Confederation: 

For the European Community: 

For the Principality of Monaco: 

<P 

ISSN 0254-1475 

COM(97) 237 final 

DOCUMENTS 

EN 

14  11 

Catalogue number  :  CB-CO-97-229-EN-C 

ISBN  92-78-19844-7 

Office  for Official  Publications of the European Communities 

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